HC restrains KDMC from regularising any unauthorised construction

Published: Thursday, January 31, 2008, 21:04 [IST]

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Mumbai, Jan 31 (UNI) The Bombay High Court today restrained Kalyan Dombivali Municipal Corporation (KDMC) from regularising any unauthorised construction pursuant to a Government Resolution (GR) adopted by the State Government in November last year.

On the lines of Ulhasnagar, the State Government had issued a GR protecting the residents of unauthorised properties in the KDMC area after the High Court, while acting on a Public Interest Litigation (PIL) filed by a Dobmivali resident Kaustubh Gokhale, had directed the local body to demolish a number of illegal constructions within their jurisdiction.

To safeguard residents of roughly 63,000 unauthorised constructions in the KDMC area, the State Government had issued the GR on November 20, last year proposing to regularise constructions on private land and those which have utilised FSI upto two.

But a division bench, comprising Chief Justice Swatanter Kumar and Justice J P Devdhar, restrained the KDMC from regularising any unauthorised construction persuant to the GR.

The court also directed the Enquiry Commission, appointed by it, to submit its final report within six weeks. The Commission has been appointed to fix responsibility of more than 63,000 unauthorised constructions in the KDMC area.

Assistant Government Pleader Pradip Patil informed the court that the work of surveying unauthorised constructions in the KDMC area was complete and the office of Taluka Inspector of Land Records has recorded all details of nearly 63,000 by conducting actual measurements.

He added that nearly 4,920 structures were either recorded twice or regularised or non-existant.